Health Act 2006
2006 c. 28 · Enacted 19 July 2006 · Extends to United Kingdom
An Act to make provision for the prohibition of smoking in certain premises, places and vehicles and for amending the minimum age of persons to whom tobacco may be sold; to make provision in relation to the prevention and control of health care associated infections; to make provision in relation to the management and use of controlled drugs; to make provision in relation to the supervision of certain dealings with medicinal products and the running of pharmacy premises, and about orders under the Medicines Act 1968 and orders amending that Act under the Health Act 1999; to make further provision about the National Health Service in England and Wales and about the recovery of National Health Service costs; to make provision for the establishment and functions of the Appointments Commission; to make further provision about the exercise of social care training functions; and for connected purposes.
[19th July 2006]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Smoking
- Chapter 1: Smoke-free premises, places and vehicles in England
- Introduction
- 1Introduction
- Smoke-free premises, etc.
- 2Smoke-free premises
- 3Smoke-free premises: exemptions
- 4Additional smoke-free places
- 5Vehicles
- No-smoking signs
- 6No-smoking signs
- Offences relating to smoking in smoke-free premises, etc.
- 7Offence of smoking in smoke-free place
- 8Offence of failing to prevent smoking in smoke-free place
- Fixed penalties
- 9Fixed penalties
- Enforcement
- 10Enforcement
- 11Obstruction etc. of officers
- Interpretation, etc.
- 12Interpretation and territorial sea
- Chapter 2: Age for sale of tobacco etc.
- 13Power to amend age for sale of tobacco etc.
- Part 2: Prevention and Control of Health Care Associated Infections
- 14Code of practice relating to health care associated infections
- 15Code of practice: effects on existing functions of Commission for Healthcare Audit and Inspection
- 16Code of practice: improvement notices
- Part 3: Drugs, Medicines and Pharmacies
- Chapter 1: Supervision of management and use of controlled drugs
- 17Accountable officers and their responsibilities as to controlled drugs
- 18Co-operation between health bodies and other organisations
- 19Meaning of “relevant person” in section 18
- 20Controlled drugs: power to enter and inspect
- 21Offences in connection with power to enter and inspect
- 22Guidance
- 23Crown application
- 24Relevant authorities
- 25Interpretation
- Chapter 2: Medicines and pharmacies
- 26Requirements about supervision Not yet in force
- 27Control of pharmacy premises: individuals and partnerships
- 28Control of pharmacy premises: bodies corporate
- 29Control of pharmacy premises: representative of pharmacist in case of death or disability
- 30The responsible pharmacist
- 31Enforcement
- 32Order-making powers Not yet in force
- 33Orders under s.60 of the Health Act 1999
- Part 4: The National Health Service
- Chapter 1: Pharmaceutical services
- 34Power to charge Repealed
- 35Applications for provision of pharmaceutical services Repealed
- 36Arrangements for dispensing of medicines Not yet in force
- Chapter 2: Ophthalmic services
- 37Provision of primary ophthalmic services Repealed
- 38General ophthalmic services contracts Repealed
- 39Persons performing primary ophthalmic services Repealed
- 40Assistance and support Repealed
- 41Local Optical Committees Repealed
- 42Payments in respect of optical appliances Repealed
- 43General ophthalmic services: transitional
- Chapter 3: Protection of NHS from fraud and other unlawful activities
- Preliminary
- 44Compulsory disclosure of documents for purposes of counter fraud or security management functions Repealed
- 45Meaning of “NHS body” etc. Repealed
- Disclosure notices
- 46Notice requiring production of documents Repealed
- 47Production of documents Repealed
- 48Delegation of functions Repealed
- 49Code of practice relating to delegated functions Repealed
- 50Disclosure of information Repealed
- 51Protection of personal information disclosed for purposes of proceedings Repealed
- Offences
- 52Offences in connection with production of documents Repealed
- 53Offences relating to disclosure or use of information Repealed
- Supplementary
- 54Manner in which disclosure notice may be served Repealed
- 55Interpretation Repealed
- Chapter 4: Audit
- 56Accounts and audit Repealed
- Part 5: Appointments Commission Repealed
- The Appointments Commission Repealed
- 57The Appointments Commission Repealed
- Delegation of appointment functions Repealed
- 58Commission to exercise Secretary of State's appointment functions Repealed
- 59Cases where appointment functions exercisable jointly etc. Repealed
- 60Commission to exercise Privy Council's appointment functions Repealed
- 61Commission to exercise Assembly's appointment functions Repealed
- 62Exercise of appointments functions Repealed
- Other functions Repealed
- 63Commission to assist other bodies with appointments Repealed
- 64Functions connected with appointments to bodies to which section 58 or 60 applies Repealed
- 65Prescribed functions Repealed
- Functions: supplementary Repealed
- 66Exercise of functions Repealed
- Reports etc. Repealed
- 67Annual reports Repealed
- 68Other reports and information Repealed
- Miscellaneous and supplementary Repealed
- 69Transfer of staff and property etc. Repealed
- 70Directions Repealed
- 71Interpretation Repealed
- Part 6: Miscellaneous
- Social care bursary
- 72Exercise by Special Health Authority of social care training functions
- NHS costs recovery
- 73NHS costs recovery
- Transfer of criminal liabilities
- 74Transfer of criminal liabilities of certain NHS bodies Repealed
- Local Health Boards and Welsh health authorities
- 75Amendments relating to Local Health Boards and abolition of Welsh health authorities
- Part 7: Final provisions
- Offences
- 76Offences by bodies corporate etc.
- 77Offences committed by partnerships and other unincorporated associations
- 78Penalties for offences: transitional modification for England and Wales
- General
- 79Orders and regulations
- 80Amendments, repeals and revocations
- 81Expenses
- 82Interpretation
- 83Commencement
- 84Short title and extent
- Schedule 1: Fixed penalties
- Contents of penalty notice
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Amount of penalty and period for payment
- 5Paragraph 5
- 6Paragraph 6
- Discounted amount and period for payment
- 7Paragraph 7
- 8Paragraph 8
- Effect of notice and payment
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Trial
- 14Paragraph 14
- 15Paragraph 15
- Withdrawal of notices
- 16Paragraph 16
- Power to amend or modify Schedule
- 17Paragraph 17
- Schedule 2: Powers of entry, etc.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 3New Schedule 12B to 1977 Act
- Schedule 4: The Appointments Commission: supplementary
- Status
- 1Paragraph 1
- The Board of the Commission
- 2Paragraph 2
- Chairman and non-executive members
- 3Paragraph 3
- Chief executive
- 4Paragraph 4
- The executive members
- 5Paragraph 5
- The vice-chairman
- 6Paragraph 6
- Terms of appointment: chairman and non-executive members
- 7Paragraph 7
- Terms of appointment: chief executive and executive members
- 8Paragraph 8
- Committees: general
- 9Paragraph 9
- The Health and Social Care Appointments Committee
- 10Paragraph 10
- Proceedings
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Staff
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Financing of Commission
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Accounts
- 22Paragraph 22
- Authentication of seal
- 23Paragraph 23
- Schedule 5: The Appointments Commission: list of statutory bodies
- List of statutory bodies referred to in section 58(3)
- Paragraph
- Schedule 6: The Appointments Commission: list of regulatory bodies
- List of regulatory bodies referred to in section 60(1)
- Paragraph
- Schedule 7: Transfer of staff and property etc. to Appointments Commission
- Interpretation
- 1Paragraph 1
- Transfer of staff
- 2Paragraph 2
- Transfer of property, rights and liabilities
- 3Paragraph 3
- General
- 4Paragraph 4
- Schedule 8: Minor and consequential amendments
- Pharmacy Act 1954 (c. 61)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- ... Repealed
- 4Paragraph 4 Repealed
- ... Repealed
- 5Paragraph 5 Repealed
- National Health Service Act 1977 (c. 49)
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- Medical Act 1983 (c. 54)
- 26Paragraph 26
- Dentists Act 1984 (c. 24)
- 27Paragraph 27
- Opticians Act 1989 (c. 44)
- 28Paragraph 28
- National Health Service and Community Care Act 1990 (c. 19)
- 29Paragraph 29 Repealed
- Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) Not yet in force
- 30Paragraph 30 Not yet in force
- Osteopaths Act 1993 (c. 21)
- 31Paragraph 31
- Health Service Commissioners Act 1993 (c. 46)
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34 Repealed
- Chiropractors Act 1994 (c. 17)
- 35Paragraph 35
- National Health Service (Residual Liabilities) Act 1996 (c. 15)
- 36Paragraph 36 Repealed
- Employment Rights Act 1996 (c. 18) Not yet in force
- 37Paragraph 37 Not yet in force
- Pharmacists (Fitness to Practise) Act 1997 (c. 19) Not yet in force
- 38Paragraph 38 Not yet in force
- Audit Commission Act 1998 (c. 18)
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- Government of Wales Act 1998 (c. 38)
- 43Paragraph 43
- Government Resources and Accounts Act 2000 (c. 20)
- 44Paragraph 44
- Freedom of Information Act 2000 (c. 36)
- 45Paragraph 45
- Health and Social Care Act 2001 (c. 15)
- 46Paragraph 46 Repealed
- Nursing and Midwifery Order 2001 (S.I. 2002/253)
- 47Paragraph 47
- Health Professions Order 2001 (S.I. 2002/254)
- 48Paragraph 48
- National Health Service Reform and Health Care Professions Act 2002 (c. 17)
- 49Paragraph 49
- 50Paragraph 50 Repealed
- 51Paragraph 51 Repealed
- 52Paragraph 52
- Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
- 53Paragraph 53
- 54Paragraph 54 Repealed
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250)
- 60Paragraph 60
- Health Protection Agency Act 2004 (c. 17)
- 61Paragraph 61
- Public Audit (Wales) Act 2004 (c. 23)
- 62Paragraph 62
- Schedule 9Repeals and revocations